Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act, 1994) – Sections 2(a), 17, 23, 28(1), 30(1) – The appellant, a physician and radiologist, was accused of illegal sex determination under the PCPNDT Act, 1994, following a decoy operation and subsequent raid on his clinic. The appellant challenged the prosecution, arguing the raid conducted under Section 30(1) of the Act was illegal.
The core contention was that the ‘Appropriate Authority,’ a multi-member body for the district (comprising the Civil Surgeon, District Programme Officer, and District Attorney), did not collectively authorize the search. Instead, only the Civil Surgeon, who was the Chairman, signed the order.